Bradley Scott Dornish's Answers

Foreclosure in Pennsylvania questions

Before a lender can begin a foreclosure action in Pennsylvania, the borrower must be 60 days in arrears. This typically means the third monthly payment is due. After that point, the lender sends an Act 6 Notice giving the borrower 30 days to get caught up before the lender files a complaint in mortgage foreclosure. Normally, a residential mortgage borrower would also be entitled to an Act 91 Notice, and an additional 30 days to file for help under the PA Homeowners' Emergncy Mortgage Assistance...

1 person marked this answer as helpful

Can I sue my neighbor for having my vehicle towed from our shared driveway?

If the driveway is between the property where you rent and the property next door, your landlord's rights and yours may be based on a written easement in a prior deed, or a separate deed of easement. If the shared driveway is on your landlord's property alone, your rights and the first floor tenant's rights should be speled out in your respective leases to avoid controversy. If you have no rights to use the driveway in your present lease, however, be careful what you ask . The landlord may tell...

I hold my mothers Power of Attorney. can I evict someone quickly for fear she's in danger?

It appears that your mother lives at your grandmother's home, and has allowed her boyfriend to move in. This is not a true landlord/tenant situation, but a domestic situation, and your mother may need a Protection From Abuse order from the Family Division of the Court of Common Pleas. There are counsellors at the Family Division Court in Pittsburgh who help with such orders and related matters on a regular basis. If your mother is competent, it is unlikely you can do this for her with your...

Once a landlord obtains order of possession, must LL permit tenant back in apt except to get belongings out?

PA does not yet have an abandoned property statute, so the landlord holding possessions for a reasonable amount of time should check with the magisterial district judge in the district where the property is located to determine what that judge finds reasonable.(A bill to set that time ast 30 days is pending in the state legislature). You do not have to and should not let the tenant in for any reason other than to remove his or her belongings. If you give them back the key, you may have to...

Rented apartment

A lease is a legal contract, so your son's rights will be determined primarily by the terms of the lease. Read the lease or take it to an attorney for help. If the lease is for a year, your son could be liable for more than the money he has already paid. You might consider asking the landlord for permission to sublease the apartment to someone else, who would then pay all or most of the monthly rent to your son. the disadvantage of a sublease is that your son is still liable for rent and damage...

What do you do when a judgement is entered.

Under the Pennsylvania Landlord Tenant Act, a landlord must give written notice to the tenant within 30 days after the end of the lease or surrender and acceptance of possession of exactly what is being witheld from the security deposit for damages, unpaid rent or other charges specified in the lease. If the landlord does not follow that law, he or she can be subject to suit for double the security deposit. However, any suit would have to be served on the landlord, and he or she would have...

Is i legal for me to pay rent monthly at someones house and get kicked out before the month i paid for is over?

If you are a tenant on an oral month to month lease in Pennsylvania, the landlord must give you one full month's notice to end the lease, running from the first of the month if that is when rent is due. For example, a notice today would give you one full month, the month of November, until November 30, to vacate. You would owe rent during the notice period. Your shared living arrangement appears to be less than a month to month lease, however, and the issues do not appear to be about rent,...

I need to get illegal sqatter off my property, what should i do?

Your course of action depends on who it is in the property. Assuming the person or persons in the property are not connected to the tenants who left the property, they can be considered trespassers, and you can contact the police to remove them, and then secure the property and request additional police patrols to make sure they do not return. The same procedure applies if you obtained an order for possession from the court against the tenants, had them removed by a constable, and they have...

Real Estate deed Transfer in PA after Parents death.

Your older sister as the executrix has the responsibility to marshal the assets, file an inventory, file an inheritance tax return and pay theinheritance tax, and then distribute the assets of the estate to the three of you in accordance with the will. If the numbers work out, property can be distributed in kind to one onr more heirs. Even if the house constitutes more than your other sister's fair share, the three of you can enter into a family settlement agreement so she gets the house....

Tenant of less than 6 weeks refuse to acknowledge written notices and accused LL of stealing + unauth access not true what 2 do?

Your landlord tenant relationship is not off to a good start. Landlord tenant relationships which start off badly are unlikely to improve over time, and there are fewer good tenants looking for residential rentals in Winter, so you may want to act quickly. Provided that you have used a PA Plain Language Residential Lease, you should consider evicting this tenant. I recommend that you should give notice of the various breaches of the lease, even if there is a waiver of notice in your lease,...